(1)forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section
1114 of this title while engaged in or on account of the performance of official duties; or

(2)forcibly assaults or intimidates any person who formerly served as a person designated in section
1114 on account of the performance of official duties during such person’s term of service,

shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.

(b) Enhanced Penalty.— Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.

This section consolidates sections
118 and
254 with changes in phraseology and substance necessary to effect the consolidation.

Also the words “Bureau of Animal Industry of the Department of Agriculture” appearing in section
118 of title
18, U.S.C., 1940 ed., were inserted in enumeration of Federal officers and employees in section
1114 of this title.

The punishment provision of section
254 of title
18, U.S.C., 1940 ed., was adopted as the latest expression of Congressional intent. This consolidation eliminates a serious incongruity in punishment and application.

Amendments

2008—Subsec. (a). Pub. L. 110–177substituted “where such acts involve physical contact with the victim of that assault or the intent to commit another felony” for “in all other cases” in concluding provisions.

1996—Subsec. (b). Pub. L. 104–132inserted “(including a weapon intended to cause death or danger but that fails to do so by reason of a defective component)” after “deadly or dangerous weapon”.

1994—Subsec. (a). Pub. L. 103–322, § 320101(a)(1), inserted “, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and in all other cases,” after “shall” in concluding provisions.

“Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section
1114 of this title while engaged in or on account of the performance of his official duties, shall be fined not more than $5,000 or imprisoned not more than three years, or both.

“Whoever, in the commission of any such acts uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.”

Short Title of 2002 Amendment

Pub. L. 107–273, div. C, title I, § 11008(a),Nov. 2, 2002, 116 Stat. 1818, provided that: “This section [amending this section, sections
115 and
876 of this title, and provisions set out as a note under section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘Federal Judiciary Protection Act of 2002’.”

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